CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The US FAA has issued AD 2005-17-09 affecting Boeing 767 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/133, Amendment 1, which will become effective on 27 October 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety and efficiency of air navigation in Australia. It provides the legislative framework within which the Civil Aviation Safety Regulations 1998 are developed, among other purposes. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs serve as a means to ensure that aircraft remain in a safe and airworthy condition throughout their operational life. The objective of these regulations is to align Australia's aviation safety standards with international conventions, particularly the Convention on International Civil Aviation, which stipulates the responsibilities of States of Design and States of Registry concerning the continuing airworthiness of aircraft. The ADs are thus critical in maintaining international safety standards and ensuring that Australian-registered aircraft meet these standards.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs concerning specific types of aircraft or aeronautical products to ensure safety in air navigation. The ADs are legislative instruments and are designed to align with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must evaluate such directives from the State of Design and, if deemed necessary, issue corresponding Australian ADs. This process ensures that all aircraft registered in Australia meet the required safety standards. Given the international obligations and the nature of the directives, there is no requirement for public consultation or a Regulatory Impact Statement before issuing these ADs.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations that serve the interests of air navigation safety, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are formal legislative instruments that must be assessed and, if deemed necessary, issued by CASA in response to safety concerns.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has a mandate to ensure the continuing airworthiness of aircraft registered in Australia. This responsibility extends to issuing ADs in response to directives from the State of Design, which, for the Boeing 767 model, is the United States. When the US Federal Aviation Administration (FAA) issues an AD, CASA must review the directive and, if appropriate, issue an Australian AD to mandate the necessary safety measures. This ensures that Australian-registered Boeing 767s meet the same safety standards as those in other countries where the aircraft type is registered.
Compliance with airworthiness directives is mandatory for all parties and entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Aircraft operators must adhere to the requirements set forth in the ADs, which may include mandatory inspections, repairs, or modifications to maintain the aircraft's airworthiness. Failure to comply with these directives can result in severe consequences, including the grounding of the aircraft and potential legal penalties.
Failure to comply with the requirements set forth in the ADs can result in both civil and criminal penalties. Under section 44 of the Civil Aviation Act 1988, an operator who does not comply with an AD can be subject to fines of up to $27,500 for a corporation and $5,500 for an individual, as well as potential imprisonment. Additionally, CASA may impose administrative penalties, including the suspension or revocation of the aircraft's certificate of airworthiness, which could lead to the aircraft being grounded. These stringent measures underscore the importance of adhering to airworthiness directives to maintain the highest standards of aviation safety.